The Controversy Surrounding Supreme Court Judges Serving for Life
The age-old debate on whether Supreme Court judges should be serving for life continues to be a topic of heated discussion. This article will delve into the background of Supreme Court judges, the impact of lifetime appointments, and the reasons both in favor and against this system.
Background of Supreme Court Judges
YV Chandrachud, who began his career as a lawyer, has served as the Chief Justice of India. Similarly, his son, DY Chandrachud, is set to take over as the Chief Justice (CJI) in November 2022, continuing the tradition of family ties in the highest court in India. The issue of nepotism within the judiciary has been raised in this context, with concerns of favoritism and lack of meritocracy.
According to a recently released report, 50% of High Court judges and 33% of Supreme Court judges are products of nepotism. This raises serious questions about the integrity and meritocracy of the appointment process, highlighting the urgent need for reform.
Consequences of Lifetime Appointments
A Mumbai-based lawyer, Mathews Nedumpara, who authored this report, has faced severe consequences from the Supreme Court. He was sentenced to 3 months in jail, forced to tender an apology, and barred from practicing for a year. The Supreme Court has made it clear that questioning the competence of judges or their bonafides is not acceptable and can result in contempt of court.
The Supreme Court has also declared that it is a guiding principle that nobody should question the competence of judges or their bonafides. This stance underlines the importance of judicial independence and the protection of the judiciary from external pressures.
Arguments in Favor of Lifetime Appointments
Despite the controversies, lifetime appointments for Supreme Court judges are widely endorsed by constitutional experts. The reasoning behind this is that judges must not be swayed by political pressures when making decisions. Lifetime appointments ensure that justices can focus on doing the right thing without the fear of losing their positions.
“It’s the worst thing in the Constitution,” some argue, highlighting the potential for politicization of judicial decisions. However, the system was designed to insulate judges from such influences. Hence, the retention of life appointments is crucial to maintain the integrity and independence of the judiciary.
Changing Perspectives on Judicial Appointments
The term “judge” is often used interchangeably with “justice” in discussions about Supreme Court appointments. However, there is a crucial distinction between the two:
Judges
Lawyers who have undergone rigorous training and gained significant experience as legal practitioners are appointed as judges. They have the authority to pass judgments on various legal matters and oversee trials presided over by juries. Judges have the power to impose jail sentences or other legal penalties.
Justices
Justices, particularly in the US Federal system, are usually appointed rather than elected. The President of the United States nominates them, but in some states, judges for the Supreme and Appellate Courts are elected.
Conclusion
While lifelong appointments for Supreme Court judges remain a topic of debate, the system is designed to prioritize judicial independence and avoid political influence in decision-making. As the judiciary continues to navigate these challenges, it is essential to uphold the principles that underpin the integrity of the legal system.
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